When a spouse files the necessary paperwork as a plaintiff and the court accepts it, they will be mailed a summons. The plaintiff must serve the complaint for divorce and summons on the other spouse, who will have a certain amount of time to respond (20 days) by filing an answer (Answer to Complaint for Divorce) and with court along with a Certificate of Service form. A copy of the answer must be given to the plaintiff. If an answer is not sent, the plaintiff may be granted a default judgement in their favor (filing an answer is a necessary procedure to assert any claims regarding the divorce).
After the non-petitioning spouse files an answer, both parties must exchange financial statements and write a separation agreement on how any issues relating to the divorce will be handled. If there are issues that cannot be agreed on, a pre-trial hearing will take place. The pre-trial will be scheduled at least 6 months after the divorce is initially filed, and it is advised to take part in discovery and pre-trial conferences in the meantime to find out information from the other party. If both spouses have signed and notarized separation agreement on all issues before the hearing, they may file the separation agreement and other necessary documents with the court (transitions to a 1A uncontested no-fault divorce). If an agreement is not reached even after the hearing, the judge will make the final decision. When a judgement is entered, the divorce will become final 90 days later, after the nisi period* has ended.
*The nisi period is a mandatory waiting period between the time a judge grants a divorce and when the divorce is finalized. It is instated as a chance for divorcing parties to reconcile or prove that the agreement was signed based on fraudulent representations. No action needs to be taken by either party, but you will not be able to remarry within this period.
For information on laws and procedures on divorce in other states, click the link below.
https://www.womenslaw.org/laws